Glickstein v. United States, 222 U.S. 139 (1911)

Glickstein v. United States

No. 486

Submitted October 19, 1911
Decided December 4, 1911
222 U.S. 139

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

Subdivision 9 of § 7 of the Bankruptcy Act of 1898 and the immunity afforded by it are not applicable to a prosecution for perjury committed by the bankrupt when examined under it.

The constitutional guarantee of the Fifth Amendment does not deprive the lawmaking authority of the power to compel the giving of testimony, even though the testimony when given may serve to incriminate the witness, provided complete immunity be accorded.

The sanction of an oath and imposition of punishment for false swearing are inherent parts of the power to compel giving testimony, and are not prohibited by immunity as to self-incrimination.

The immunity afforded by the Fifth Amendment relates to the past; it is not a license to the person testifying to commit perjury either under the provisions as to the giving of testimony in § 860, Rev.Stat., or of the Bankruptcy Act of 1898.

The provisions in the Bankruptcy Act compelling testimony do not confer an immunity wider than that conferred by the Constitution itself.

A statute in regard to giving testimony which does not provide for prosecution for perjury will not be construed as permitting perjury because in other statutes in that regard Congress has, from abundant caution, inserted provisions as to prosecution for perjury.

Edelstein v. United States, 149 F. 636; Wechler v. United States, 158 F. 579, approved. In re Marx, 102 F. 679; In re Logan, 102 F. 876, disapproved.

The facts, which involve the construction of subdivision 9, § 7 of the Bankruptcy Act of 1898, are stated in the opinion.